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HomeMy WebLinkAbout07/24/1990 Minutes of a Regular Meeting July 24, 1990 Town of Los Altos Hills City Council Meeting Tuesday,July 24, 1990,7:15 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL,AND PLEDGE OF ALLEGIANCE Mayor Siegel called the Regular Meeting of the City Council to order at 7:15 p.m. in the Council Chambers at Town Hall. Present: Mayor Siegel and Councilmembers Casey, Hubbard,Johnson, and Tryon. Absent: None. Staff: City Manager/Acting City Clerk Thomas Frutchey; Acting City Attorney Robert Logan; Director of Public Works Bill Ekem; and Planning Director 4 Ann Jamison. \r Press: Kristine Kern, Town Crier; and Mary Fortney, Peninsula Times-Tribune. Mayor Siegel received consensus from the Council to continue items 6.1, 6.2, and 7.1, as requested by staff or the applicant. 2. APPOINTMENTS AND PRESENTATIONS 2.1 Interviews and Appointments to Planning Commission and Standing Committees The Council interviewed Les Earnest, 12769 Dianne Drive, the other two applicants having been interviewed on June 20. The Council then voted to fill two positions on the Planning Commission. Mary Stutz and Rick Ellinger were appointed, by the following votes: Mary Stutz: 5 votes (all five Councilmembers) Rick Ellinger: 3 votes (Councilmembers Hubbard, Casey, and Johnson) Les Earnest: 2 votes (Councilmember Tryon and Mayor Siegel) 1 tibr The Council acknowledged Rick Ellinger's application for the vacancy on the Safety Committee. The Council interviewed Liz Dana and on a unanimous vote appointed her to fill the vacancy on the Environmental Design and Protection Committee. 3. PLANNING COMMISSION REPORT AND ACTIONS 3.1 Report of the Commission (Commissioner Comiso) Commissioner Comiso explained that the Commission denied a variance request to modify the Lot Unit Factor, floor area and development area calculation methodology for the Lands of Raffin and a fence height/setback variance for the Lands of Bateman. Commissioner Comiso expressed her concern that the fence ordinance does not adequately address safety issues. 3.2 Consideration of Whether To Concur with or Review the Following Commission Actions: 3.2.1 Actions of the lune 27 Meeting: Lands of Pourmand, 26200 Tosefa Lane, Approval of a Request for a Setback Variance MOTION SECONDED AND CARRIED: Moved by Tryon and seconded by Johnson to concur with the action of the Commission. The Council decided by consensus to return this concurrence or review function to its previous place on the consent calendar. 3.2.2 Actions of the July 11 Meetinv: No action requiring Council consideration. 4. CONSENT CALENDAR Items removed: 4.1 (Tryon); 4.6 (Dick Jones). MOTION SECONDED AND CARRIED: Moved by Casey and seconded by Tryon and passed by the following roll call vote to adopt the remainder of the consent calendar: AYES: Mayor Siegel, Councilmembers Casey, Hubbard,Johnson, and Tryon NOES: None ` ABSTAIN: Councilmember Johnson on Item 4.7 only V July 24, 1990 2 ` 4.2 Approval of Warrants: June 29, 1990 $132,760.40 110, July 6, 1990 $115,272.15 July 17, 1990 $ 92,214.11 4.3 Financial Report: June 30, 1990 4.4 (No Item) 4.5 Approval of Plans and Specifications and Call for Bids: Miscellaneous Storm Drainage Repairs--Reso # 4.7 Approval of Final Map, Lands of Clausen, Tract No. 8217 and Approval of a Subdivision Agreement--Reso # 4.8 Certificates of Appreciation for Service to the Town: Edward Emling. Planning Commission, Rob Hamilton, Pathways, Parks, and Recreation Committee; and Mark Burhenne, Pathways, Parks, and Recreation Committee 4.9 Fire Hazards and Weed Abatement 4.9a Adoption of a Proclamation on Fire Safety 4.9b Weed Abatement--Reso # Councilmember Casey indicated that she would work with the City Manager to further improve the monthly financial report. 4.1 Approval of Minutes: June 20, 1990 June 25, 1990 MOTION SECONDED AND CARRIED: Moved by Tryon and seconded by Johnson to approve the minutes of June 20 with the following changes: 1. Page . 2, Item 2.1 "president of Los Altos Hills" to "a resident of Los Altos Hills"; 2. Page 4, Item 4.6 "She wanted to know" to "She asked the City Attorney to explain"; 3. Page 5, Item 5 "she was opposed to" to "she continues to be opposed to"; Page 11 Item 1.5 "Tryon voices concerns about party ordinance Los Altos Hills has not adopted" to "Tryon requested confirmation from the City Manager that no increases in disturbances have occurred in the Town since Los Altos adopted its party ordinance"; and several typographical errors. MOTION SECONDED AND CARRIED: Moved by Tryon and seconded by Johnson to 3 approve the minutes of June 25 with the following changes: Page 2, Item 4 "Councilmembers Sid Hubbard and Barbara Tryon" to "Councilmember Sid Hubbard and re-elected Councilmember Barbara Tryon"; and Page 3 Item 5 "a conflict of interest" to "a potential conflict of interest". 4.6 Garbage and Recycling Ordinance--Second Reading Mr. A. Richard Jones, 12660 La Cresta Drive indicated his concern that the universal recycling charge was an illegal parcel tax. He proposed that the Council consider changing the ordinance to make the charges for recycling and one can of refuse a parcel tax so that residents could deduct the costs from the State and Federal income taxes. The Acting City Attorney indicated that, since the the recycling charge was for a very specific and auditable service, it was considered a fee for service and not a parcel tax. MOTION MADE AND SECONDED. Moved by Tryon and seconded by Johnson to waive further reading. MOTION MADE AND SECONDED. Moved by Casey, seconded by Johnson and 4111, passed by the following roll call vote to adopt the ordinance:#336 AYES: Mayor Siegel, Councilmembers Casey, Hubbard, Johnson, and Tryon NOES: None 5. PRESENTATIONS FROM THE FLOOR Ed Emling, 11853 Murietta Lane, objected to Mr. Raffin's criticisms of staff and of the Planning Commission at the Commission meeting of July 11. Mr. Emling,Jitze Couperus, Dot Shreiner,Judy Carico, and Fran Stevenson each indicated their belief that Les Earnest should have been selected by the Council as a Planning Commissioner. Emily Martin, 11666 Dawson Drive. asked how residents are notified of ordinance changes, specifically the Town's recently adopted Oak Tree Ordinance. Howard Martin, 11666 Dawson Drive asked how the Town follows up on special restrictions placed on properties. Several houses in the Dawson subdivision, for example, have not planted required trees along the freeway or completed other required landscape mitigation. 4 Les Earnest, 12769 Dianne Drive, cited two letters that he had written to staff regarding code enforcement on a property in Town that he felt had not been adequately acted upon. Councilmember Tryon responded by saying that she was interested in looking at higher bonding and community service officers, who would be able to pay for themselves by collecting penalties. 6. PUBLIC HEARINGS 6.1 Los Altos Sewer Basin Sanitary Sewer Rates Council continued this item earlier in the meeting at the request of staff until August 1, 1990. 6.2 Lands of Paulnock, 13151 Cumbra Vista Court, Appeal of the Planninv Commission Denial of a Fence Height/Setback Variances Council continued this item earlier in the meeting at the request of the applicant until August 1, 1990. 6.3 Lands of McDonald, 13621 Burke Road, Request for a Conditional Development Permit, Variances, and a Site Development Permit for a New Residence Prior to opening the Public Hearing, the Council disclosed contacts with the applicant, in accord with Town policy. None of the Council reported any conflict. Planning Director Jamison responded to questions of the Council relative to the intrusion of proposed parking bays into the side yard setback and the extent of redesign of the project because of Staff and Planning Commission comments. The parking areas were not viewed as significant visual problems. No substantive redesign or lessening of the massing of the project had occurred since the initial application. The Public Hearing was opened. Mr. Bill McDonald, owner of 13621 Burke Road, introduced his designer, Walter Chapman, 480 San Antonio Road, Suite 215, Mountain View, to act as his representative. Mr. Chapman presented a history of the project from the initial meeting of the Ihr5 ` applicants with Staff through the various Planning Commission meetings. i' Mayor Siegel requested that Mr. Chapman concentrate on convincing the Council of the ability of the project to meet the intent of the Conditional Development Permit ordinance. Mr. McDonald addressed the Council's concern that this house would be a trend setter for the neighborhood. He stated that because there will be more space between his proposed house and structures existing on neighboring lots than there is at present, the openness of the area will be improved. Mayor Siegel noted that this portion of Town was very much like Los Altos, and that the proposed house was more like a Los Altos house. Howard Martin, 11666 Dawson Drive, said that the Council always has to consider what's happening to people,but the real issue is land use. He posed the question as the appropriateness of allowing maximal development on substandard lots. The Public Hearing was dosed. There was general discussion between the Councilmembers relative to the size of the other lots in the general neighborhood. Staff responded that the lots ranged from 1/4 to one acre in size. Councilmember Johnson noted that the Council was not moving to deny a right to build on the lot, but was noting that the house as proposed was inappropriate. Councilmember Johnson then moved to approve a Conditional Development Permit for 3,500 square feet of floor area; and requiring the applicant to redesign the house and reduce its scale. In response to the recommendation of Acting City Attorney Logan, who noted concern that the findings for the Conditional Development Permit would be difficult to make without a specific proposal, Councilmember Johnson withdrew his motion. MOTION SECONDED AND CARRIED: Moved by Tryon and seconded by Johnson: to deny without prejudice the Conditional Development Permit; advising the applicant to return to a site analysis with Staff; restricting the house to a maximum of 3,500 square feet of floor area, and specifying that the project is to be specially expedited,by the following roll call vote: 6 AYES: Mayor Siegel, Councilmembers Hubbard, Johnson, and Tryon NOES: None ABSTAIN; Councilmember Casey Councilmember Lyon noted that there is already voiced concern in the Town over the impact of 6,000 square foot houses on one-acre lots. The Town must protect the land; therefore, is the size of the house appropriate to the size of the lot? She stated that it is not unreasonable for the people of the Town to ask for downsizing of houses on lots such as this. 6.4 Lands of Saviano, 13050 La Paloma Road 6.4.1 Appeal of the Site Development Permit for a New Residence, Swimming Pool, and Tennis Court Councilmember Casey noted that it would be more damaging to the site to move the tennis court and thus remove trees. There is less noise generated by the tennis court activities than by the freeway. Mr. Ralph Saviano, the Via Companies, 111 Main Street, Ste. 6, Los Altos, the developer of the site answered questions of the Council. He stated it was not his intent to build the tennis court at this time, but that the approval of the court provided him a marketing device. Councilmember Tryon asked if the court could be lowered. Mr. Saviano said it could by a couple of feet. Mayor Siegel commented that the tennis court and the pool combined to create a crowding of the site. Mr. Hans Nelson, 26360 Calle del Sol, is a neighbor proximate to the tennis court. He requested the Council not approve the tennis court until a homeowner asked for one, since this house is being built on speculation. He is concerned about the use of existing pines as screening, since most are now dying. L 7 `, Dr. Dai Jung Kim, 13030 La Paloma Road, the appellant, reiterated the comments in his letter. Mr. Saviano responded by saying the distance between the tennis court and Mr. Kim's master bedroom was in excess of 95 feet. Ms. Elayne Dauber, 27930 Roble Alto, expressed concern over the developing of lots to the maximum allowable before the ultimate owner is involved in the decision. Councilmember Tryon noted her concern over the location of the tennis court in terms of privacy, as well as general land use issues. The Public Hearing was then closed. There was general discussion over the differing treatment of developers and homeowners. Councilmember Tryon said she would rather mitigate than deny. MOTION SECONDED AND CARRIED: Moved by Siegel and seconded by Johnson to grant the appeal to delete the tennis court from the Site Development permit, with the minutes to reflect that this action does not preclude future development of a tennis court by the following roll call vote: AYES: Mayor Siegel, Councilmembers Hubbard and Johnson NOES: Councilmembers Tryon and Casey 6.4.2 Acknowledgment of Fulfillment of a Tentative Map Condition Regarding Driveway Relocation MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard, and passed by consensus to acknowledge fulfillment of the Tentative Map condition affecting 13050 La Paloma Drive. 7. UNFINISHED BUSINESS 7.1 Council Policy on Site Development (Continued from June 20, 1990) The Council continued this item at the request of staff until August 15, 1990. L 8 %,. 7.2 Appointments of Councilmembers to Subcommittees and as Liaison or Members Representing the Council on Town Committees and Outside Agencies The Mayor and the Council made the following appointments: Committee Liaison: Community Relations Barbara Tryon Environmental Design and Protection Sid Hubbard Finance Bob Johnson Pathways, Recreation and Parks Bill Siegel Roads and Drainage Toni Casey Safety Barbara Tryon Appointments to Outside Agencies: ABAG Sid Hubbard Community Health Awareness Council Sid Hubbard (CHAC) Emergency Preparedness Council Barbara Tryon Intergovernmental Council (IGC) William Siegel Barbara Tryon (alternate) League of California Cities--Peninsula Barbara Tryon Division Bob Johnson (alternate) Santa Clara County Transportation Barbara Tryon Commission Santa Clara Valley Water Commission Bob Johnson Santa Clara Valley Water District— Bill Ekern (staff) Northwest Flood Control Advisory William Siegel (alternate) Committee Santa Clara County Cities Bob Johnson Association Barbara Tryon (alternate) law 9 (kr City Council Sub-Committees: Town Newsletter Barbara Tryon Ad Hoc Pathways, Recreation Toni Casey and Parks Committee William Siegel Rebuilding and Building Out Toni Casey Sid Hubbard Judy Carico Stephen Pahl The Council requested that appointments for other purposes and to other agencies--including the North County Library Association and the Senior Coordinating Council—be agendized for the next meeting. 7.3 Congestion Management Mayor Siegel presented a status report and the Council concurred with the proposed method of selecting the three members from the north County cities. `, 8. NEW BUSINESS 9. REPORTS FROM COMMITTEES AND SUB-COMMITTEES 10. STAFF REPORTS 10.1 City Manager 10.2 City Attorney 10.3 City Clerk 10.3.1 Report on Council Correspondence The Council requested that the list of received items include a column for Council actions and that the Council review the list each meeting and indicate what additional actions it wished to take. L 10 IIkw 11. COUNCIL-INITIATED ITEMS 11.1 Discussion of Agendas, Council Meetings, and Special Study Sessions (Councilmember Casey) The Council agreed that items to be placed on the agenda should be accompanied by explanatory memos unless it is dear what they refer to as they are listed. 11.2 Setting Date for Joint Council/Planning Commission Meeting (Councilmember Carey) Mayor Siegel indicated that he will meet with the new Chair of the Planning Commission to draft an agenda and propose a meeting date. 12. ADJOURNMENT There being no further business, the meeting was adjourned at 11:45 p.m to the Adjourned Regular Meeting on August 1, 1990 at 6:00 P.M. Respectfully submitted, Thomas Frutchey Acting City Clerk 11